Chong (Migration)

The applicant, Chong, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse a Subclass 186 Employer Nomination (Permanent) (Class EN) visa. The nominated occupation was carpenter.

The primary legal issue before the Court was whether the applicant possessed the requisite skills for the nominated occupation of carpenter, notwithstanding the absence of a formal skills assessment from the relevant authority and the fact that the applicant held a Certificate III in Carpentry. The Court was required to determine if any exemptions applied to the requirement for a skills assessment or for demonstrating the requisite skill level for the nominated occupation.

The Court reasoned that the applicant had not provided evidence of a skills assessment from the relevant authority, nor had they demonstrated that they met the requisite skill level for the nominated occupation of carpenter. The Court found that the applicant's Certificate III in Carpentry did not satisfy the requirements for an exemption from the skills assessment or the requisite skill level, as there was no evidence presented to suggest that this qualification was considered an AQF suitable qualification for the purposes of the visa application, nor was there any other basis for exemption established.

The application for judicial review was dismissed.